TO: Mayor Richard C. Irvin
FROM: Edward T. Sieben, Director of Zoning and Planning Division
DATE: September 10, 2020
SUBJECT:title
Discussion of Planning and Zoning Commission composition
body
PURPOSE:
To discuss options for the Planning and Zoning Commission composition.
BACKGROUND:
The Aurora Planning Commission was created in 1952. It consisted of 9 members.
In 1953, it expanded to 30 members, consisting of a Chairman and 29 additional members.
The Planning Commission composition was amended in 1957, shrinking to 18 members, consisting of a Chairman and 17 additional members.
The Planning Commission composition was changed in 1969 to reduce its size to 12 members: a Chairman and 11 additional members.
In 1978, the City Council again amended the composition of the Planning Commission composition was amended again to increase its size to 13. This is the current composition. The amendment also designated six taxing body representatives from Aurora Township, School District 129, School District 131, School District 204, the Fox Valley Park District, and the Aurora Sanitary District (Fox Metro). The remaining seven Commissioners were to be "at large" citizens from Aurora. At this time, Aurora's population was approximately 80,000 and the City had only recently began to annex territory in DuPage County.
In 2020, the City Council approved an amendment to combine the Planning Commission and Zoning of Appeals to create the Planning and Zoning Commission. The number of Planning and Zoning Commissioners was kept at 13 members, consisting of a Chairman and 12 additional members. During this process, the Council changed the composition of the Commission to replace an at-large seat with one reserved for a representative from School District 308 - an elementary district serving portions of Aurora in Kendall County. Six of the 13 seats on the Commission remain available for "at large" citizens from Aurora.
DISCUSSION:
Traditionally, the Planning and Zoning Commission provides citizen review and recommendations on planning and development related matters to the City Council.
In Aurora, the early Commission composition was organized so that all members represented the general public (“at large” citizens of the City).
Historically in the United States, with the advent of planning as an organized function of government, it became necessary to devise machinery for its operation. The first planning commission was in Hartford, Connecticut, in 1907. The pioneers thought that planning should be a reflection of the views of the citizens. Model state enabling acts were promulgated by the U.S. Department of Commerce in 1928 due to the rapid adoption of planning and zoning codes by municipalities, and had the philosophy of the nonpolitical, citizen dominated commission.
In 1978, when Aurora included the 6 taxing districts as representatives on the 13 member Commission, it was stressed that the at large citizen representatives (7) still be the majority. This change was done at a time that the City encompassed fewer taxing bodies included within its corporate limits. In subsequent years, Aurora’s boundaries have expanded to now include four counties, six school districts, seven townships, and three park districts. As a result, it is impossible to offer every taxing body representation on the commission consistent with the intent of the 1978 reorganization.
Moreover, differences of opinion or interest sometimes exist between the City and individual taxing districts over matters before the Commission. In these situations it is impossible for a Commissioner who owes both a duty to the City and at least a perceived allegiance to the taxing body he or she represents to faithful and properly perform both roles simultaneously. In the context of public officers, this is known as an incompatibility of office and is triggered by the mere possibility of a conflict of duties. It is a different concept from a conflict of interest, and unlike a conflict of interest, it cannot be cured by abstention. Additionally, many of the taxing body representatives are no longer employees or board members of their respective body and legitimate questions arise as to when such a commissioner has ceased to be a representative of the taxing body. As the Planning and Zoning Commission now performs the roles of both of its predecessor bodies, the policy reasons for including representatives of specific taxing bodies may no longer be as compelling as they once were.
In recent years, the City has engaged other taxing bodies within the development process via the Planning Council (now via DST meetings), the permitting process, and other regularly scheduled update/coordination meetings. This serves the purpose of keeping other taxing bodies apprised of recent or proposed developments. This includes the recently approved Rt. 59 Corridor Plan.
After discussion at the last Rules, Administration and Procedures Committee meeting, Staff created a text amendment for both Option 1 and Option 2:
Option 1:
The attached Text Amendment reduces the size of the Commission to 9 members appointed at-large. The Zoning and Planning Division researched other communities, and have found that the typical size of a Commission is either 7 or 9 members (see below). No other community appears to designate seats for representatives of taxing bodies. Staff feels that due to the large size of the City, 9 members would be appropriate to ensure fair representation.
|
Municipality |
Type of Commission |
Number on Commission |
|
Batavia |
Plan Commission |
7 |
|
Elgin |
Planning and Zoning Commission |
7 |
|
Joliet |
Plan Commission |
9 |
|
Lisle |
Plan Commission |
7 |
|
Naperville |
Planning and Zoning Commission |
9 |
|
North Aurora |
Plan Commission |
9 |
|
Oswego |
Planning and Zoning Commission |
7 |
|
Plainfield |
Plan Commission |
7 |
|
Rockford |
Zoning Board of Appeal |
7 |
|
Romeoville |
Planning and Zoning Commission |
9 |
|
Sugar Grove |
Plan Commission |
7 |
|
Waukegan |
Planning and Zoning Commission |
9 |
The Planning and Zoning Commission is currently composed of 13 members. There is currently one vacancy on the Commission. In addition, two members have expired terms and three members have terms that are expiring at the end of December. See attached Commission Member Table.
Option 2:
The attached Text amendment maintain the current number of commissioners (13), but adjust the composition to ensure that a majority of commissioners are appointed at large. This will require shifting at least one seat from a representative of a taxing body to a member appointed at large. Staff still needs direction on which representative the Committee wishes to remove.
cc:
Alderman Carl Franco, Chairperson
Alderman Emmanuel Llamas, Vice Chairperson
Alderman Edward J. Bugg
Alderman William “Bill” Donnell
Alderman Patty Smith